Moremoholo v Road Accident Fund (42880/2015) [2017] ZAGPJHC 142 (5 June 2017)

Moremoholo v Road Accident Fund (42880/2015) [2017] ZAGPJHC 142 (5 June 2017)

The court found that while the plaintiff did not prove a specific, quantifiable loss of earnings, she did establish on a balance of probabilities that she suffers pain and impairment attributable to the accident, which impacts her ability to perform unskilled physical work at her pre-accident level. The pain, although not linked to a specific orthopaedic injury, was absent before the accident and present thereafter. The court held that this constitutes an impairment of the whole person affecting employability, justifying an award for loss of earning capacity. However, actuarial calculation was deemed inappropriate due to the lack of mathematical certainty. The court awarded a globular...

Citation
[2017] ZAGPJHC 142
Parties
Plaintiff: Mamello Cecilia Moremoholo; Defendant: Road Accident Fund
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
5 June 2017
Case Number
42880/2015
Procedural Posture
Civil Trial / Trial Judgment on Separated Issue of Loss of Earnings
Outcome
Plaintiff awarded R53,000 for loss of earning capacity; costs awarded on the regional court scale; all other issues deferred.
Judges
Van der Linde
Legal Topics
Road Accident Fund, Loss of Earning Capacity, Pain and Suffering, Quantification of Damages
Delict Road Accident Fund Loss of Earning Capacity Pain and Suffering Quantification of Damages

Case Brief

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Parties

Mamello Cecilia Moremoholo

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Trial Judgment on Separated Issue of Loss of Earnings

Legal Issues

  1. 1 Whether the plaintiff suffered a loss of income, both past and future, as a result of injuries sustained in a motor vehicle accident.
  2. 2 Whether the plaintiff proved only a loss of earning capacity, without sufficient specificity to calculate a loss of earnings.
  3. 3 Whether the pain and impairment experienced by the plaintiff can be attributed to the accident and quantified as patrimonial loss.

Ratio Decidendi

The court found that while the plaintiff did not prove a specific, quantifiable loss of earnings, she did establish on a balance of probabilities that she suffers pain and impairment attributable to the accident, which impacts her ability to perform unskilled physical work at her pre-accident level. The pain, although not linked to a specific orthopaedic injury, was absent before the accident and present thereafter. The court held that this constitutes an impairment of the whole person affecting employability, justifying an award for loss of earning capacity. However, actuarial calculation was deemed inappropriate due to the lack of mathematical certainty. The court awarded a globular...

Court Disposition

Plaintiff awarded R53,000 for loss of earning capacity; costs awarded on the regional court scale; all other issues deferred.

Orders

  • The issue concerning the plaintiff's alleged past and future loss of earnings is separated from all other issues on the pleadings, and determination of those other issues is deferred.
  • The plaintiff is awarded the amount of R53,000 in respect of loss of earning capacity.